Read about "Malicious Tampering of a Fire Alarm," a violation of Penal Code Section 148.4, by Bill Haney, Ventura County Criminal Defense Attorney.

Penal Code Section 148.4 – Malicious Tampering with Fire Alarm1 Penal Code Section 148.4(a) Violations (Misdemeanor) The prosecution must prove the following beyond a reasonable doubt: The Defendant “willfully” and “maliciously” tampered with fire protection equipment; OR The Defendant “willfully” and “maliciously” transmitted a false message indicating the presence of a fire by any electronic…

Penal Code Section 148.3 – False Report of Emergency Introduction: Penal Code Section 148.3 addresses numerous scenarios for the reporting of false emergencies, including what is commonly referred to as “swatting.” A “swatting” incident involves the false report of an active shooter, bomb threat or other emergency serious enough to merit the dispatch of a…

Penal Code Section 148.2 – Interfering with Firemen and Rescue Personnel Pursuant to Section 148.2, it is a misdemeanor to “willfully” obstruct firemen or other emergency rescue personnel form discharging to attempting to discharge their official duties under any of the following circumstances: By resisting or interfering with the lawful effort of a fireman or…

Penal Code Section 148 – Resisting, Obstructing or Delaying A Peace Officer Introduction: Penal Code Section 148 was designed to protect the physical safety of officers, and to facilitate effective law enforcement investigations. Unfortunately, it is not uncommon for some officers and their departments to abuse Section 148 to punish individuals who assert their Constitutional rights…

Unlawful Publication of Address or Telephone Number of Police Officer or Police Department Employee – Penal Code Section 146e Penal Code Section 146e protects the officers and employees of law enforcement agencies. The purpose of the law is to prevent individuals from threatening or intimidating police personnel from carrying out their official duties. Misdemeanor Violation of…

Sale or Gift of Membership Card, Badge or Device Implying Less Vigorous Law Enforcement For the Holder (Courtesy Cards)- Penal Code Section 146d It is illegal to give somene a badge, card, sticker or any other item which suggests that the recipient will be subjected to less rigorous law enforcement than other members of the…

False Use of Law Enforcement Term in Name of Nongovernmental Organization – Penal Code Section 146c A person may be charged with a misdemeanor for naming a nongovernmental agency in such a manner that the name infers that its membership is comprised largely of police or fire personnel. You may be charged with a misdemeanor if you…

Simulating Official Inquiries – Penal Code Section 146b Penal Code Section 146b provides misdemeanor-level punishment for any person who makes a demand for information by posing as a member of a government agency. You are guilty of a misdemeanor if you ask for, or demand information from a person while misrepresenting that you are part of…

Impersonating an Officer – Penal Code Section 146a The crime of impersonating a public officer may be prosecuted as either a misdemeanor or a felony. Misdemeanor violation of Penal Code Section 146a(a): Pursuant to Penal Code Section 146a(a), it is misdemeanor to falsefly represent yourself as a deputy or clerk of a state agency if…